Courts Of General Trial Jurisdiction Ch.10 Full Test Bank

CHAPTER 10

Multiple-Choice Questions

1. Which of the following has not contributed to an increase in bankruptcy cases?
   1. Easy availability of consumer credit.
   2. Crash of the U.S. housing market.
   3. Decrease in small businesses.
   4. The 2008 economic downturn.
2. Under the Speedy Trial Act of 1974, how much time is allowed for a case to be tried after an information or indictment is issued?
   1. 30 days.
   2. 70 days.
   3. 180 days.
   4. 360 days.
3. Which of the following is not a factor that contributes to structural differences among state court systems?
   1. Time period that a state entered the Union.
   2. Court specialization.
   3. Local legal cultures.
   4. State traditions.
4. Which state has a legal system based on the civil or Napoleonic code tradition?
   1. Louisiana.
   2. Georgia.
   3. Alaska.
   4. New Hampshire.
5. Which of the following is not a function of courts of original jurisdiction?
   1. Hear evidence.
   2. Determine guilt or innocence.
   3. Determine sentencing.
   4. Determine errors of law.
6. In Walker’s wedding cake model, which cases may be processed in courts of limited jurisdiction?
   1. Level II.
   2. Level III.
   3. Level IV.
   4. All of the above.
7. Which of the following is not a factor that distinguishes general trial courts from limited-jurisdiction courts?
   1. Court scheduling.
   2. Smaller caseload.
   3. Courts of full record.
   4. Presence of attorneys.
8. Trial transcripts are particularly important during what process?
   1. Case filing.
   2. Plea bargaining.
   3. Arraignment.
   4. Appeal.
9. Which of the following types of cases are likely to utilize a bench trial?
   1. Complex civil cases.
   2. Criminal cases involving negative pretrial publicity.
   3. Criminal cases involving a heinous crime.
   4. All of the above.
10. Which of the following is not an example of a tort claim?
    1. Automobile accident.
    2. Premises liability.
    3. False arrest/imprisonment.
    4. Landlord/tenant dispute.
11. Which of the following has simplified domestic relations cases?
    1. No-fault divorces.
    2. Malpractice reform.
    3. Creation of circuit courts.
    4. Pro se representation.
12. The lack of a speedy trial provision in civil trials may be utilized as a strategy for
    1. Plea bargaining.
    2. Settlement.
    3. Case filing.
    4. Damage determination.

1. Which of the following is not a national trend for criminal cases?
   1. Increase in petty misdemeanor offenses.
   2. Decrease in property offenses.
   3. Increase in felony drug convictions.
   4. Decrease in violent offenses.
2. Constitutional courts may exercise _________________ power(s).
   1. Judicial.
   2. Legislative.
   3. Administrative.
   4. All of the above.
3. Legislative courts are created by Article _____.
   1. I.
   2. II.
   3. III.
   4. IV.
4. Which of the following is not a provision of the Judiciary Act of 1789 that was intended as a compromise offered to Anti-Federalists?
   1. Limited jurisdiction of district and circuit courts.
   2. Establishment of the size of the U.S. Supreme Court.
   3. Prohibition of district or circuit court boundaries crossing state lines.
   4. Requirement that judges be chosen from the district or circuit in which they reside.
5. Which political party favored the establishment of the U.S. Supreme Court and lower-level federal trial courts?
   1. Federalists.
   2. Anti-Federalists.
   3. Whigs.
   4. Libertarians.
6. The U.S. Constitution specifically establishes
   1. The U.S. Supreme Court.
   2. Circuit courts of appeals.
   3. Federal district courts.
   4. All of the above.
7. The requirement that federal courts must decide only cases and controversies means that
   1. Courts must hear only actual disputes.
   2. The parties involved must have a real stake in winning or losing the case.
   3. Courts cannot answer hypothetical questions.
   4. All of the above.
8. The outcome of most cases in federal district courts is determined by a
   1. Single judge.
   2. Three-judge panel.
   3. Jury.
   4. Administrative panel.

True/False Questions

1. Courts that can hear both civil and criminal cases are said to be part of a unified court system.

a. True

b. False

2. In the states where they still exist, chancery courts are responsible for trying felony criminal cases.

a. True

b. False

3. In Samuel Walker’s wedding cake model the Level I cases are labeled “serious felonies.”

a. True

b. False

4. The courts of general trial jurisdiction typically try more cases than do the courts of limited jurisdiction.

a. True

b. False

5. Unlike the United States, Germany operates under a single national criminal code.

a. True

b. False

6. Conversion is a tort where someone uses another person’s property without authorization and there is an injury or property damage.

a. True

b. False

7. Attorneys in criminal cases typically are paid on a contingency fee basis.

a. True

b. False

8. States courts of general jurisdiction try substantially more criminal cases than civil cases.

a. True

b. False

9. State courts and federal courts may have concurrent jurisdiction over crimes such as auto theft that crosses state lines.

a. True

b. False

10. Federal courts hear cases involving citizens of different states under what is known as diversity of citizenship jurisdiction.

a. True

b. False

Essay Questions

1. Discuss the differences in courts of general and limited jurisdiction. What differences in case processing and outcome might result from the differences in the court structure? Be specific and give examples.
2. Discuss the various types of tort cases. What implications do these cases have for society and the legal system?
3. Discuss the use of delay as a settlement strategy in civil cases. Is this something that should be regulated? Is this an ethical legal strategy? Explain your reasoning.
4. Describe the factors that have contributed to an increase in bankruptcy cases. Should people’s choices regarding their finances be resolved through the court system? Should individual financial matters be more strictly regulated to prevent overcrowding the court system? Explain your reasoning.
5. Discuss some of the factors that contribute to variation within the court systems of different states. Where can these influences be observed? What impact does this have on cases that are processed within that state’s legal system?

Matching Questions

1. Less serious felonies such as property and drug offenses.
2. The interactions, customs, and norms demonstrated by each unique legal jurisdiction.
3. Allowed for the creation of federal courts below the U.S. Supreme Court.
4. A case that is tried before a judge with no jury.
5. Celebrated cases that involve notorious crimes and criminals.
6. Requires that federal authorities either file a criminal information or bring a grand jury indictment within 30 days after an arrest.
7. Consists of misdemeanor cases and ordinance violations.
8. Case in which an attorney is paid only through a percentage of the damages if his or her client wins.
9. Serious felonies of a heinous nature that do not gain significant notoriety or media attention.
10. Made it more difficult for prison inmates to file lawsuits in federal court by requiring filing fees.